Pilot Wanted Terms of Service and Conditions
Some services may be subject to additional terms and conditions by Pilot Wanted, LLC and the use of these services is subject to those additional terms and conditions.
READ THIS AGREEMENT CAREFULLY TO BE SURE THAT YOU UNDERSTAND EACH ITEM. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
This is a contract between you and Pilot Wanted, LLC. You must read and agree to these terms before using the website. If you do not agree, you may not use the site. You may use pilotwanted.com only if you can form a binding contract with Pilot Wanted,LLC, pilotanted.com and only in compliance with these terms and all other applicable local, state, national, and international laws, rules and regulations. Any use or access to pilotwanted.com by anyone under 13 is strictly prohibited and in violation of this agreement. Pilotwanted.com is not available to any user previously removed by Pilot Wanted, LLC or pilotwanted.com administrators. For the avoidance of doubt, notwithstanding anything in this agreement to the contrary, all parties acknowledge and agree that these terms, including, without limitation are solely a contract between you and Pilot Wanted, LLC and does not govern the sale, transaction, or any other relationship between you and another user. This includes any relationship between a buyer or seller.
Pilotwanted.com is an aviation listing, information and auction website that brings buyers and sellers together. PILOT WANTED, LLC IS NOT AN AIRCRAFT BROKER OR DEALER AND DOES NOT SELL, EXCHANGE, PURCHASE, OR OFFER FOR SALE, NEGOTIATE OR ATTEMPT TO NEGOTIATE, A SALE OR THE EXCHANGE OF AN INTEREST IN ANY ITEMS LISTED FOR SALE ON PILOT WANTED, LLC. PILOT WANTED, LLC DOES NOT HOLD OR POSSESS THE TITLE FOR ANY AIRCRAFT LISTED FOR SALE ON PILOTWANTED.COM. ADDITIONALLY, PILOT WANTED DOES NOT OFFER PRODUCTS AND SERVICES SUCH AS AIRCRAFT FINANCING, SALES CONTRACTS, TITLE TRANSFER, AIRCRAFT REGISTRATIONS, FERRY FLIGHTS, OR ESCROW SERVICES.
Subject to these terms and conditions, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use pilotwanted.com as permitted. Pilot Wanted, LLC reserves all rights. Pilot Wanted, LLC may terminate this license at any time for any reason or for no reason at all.
Your pilotwanted.com account gives you access to the services and functionality that Pilot Wanted, LLC establishes and maintains at our sole discretion. We may maintain different types of accounts for different types of users. If you open a pilotwanted.com account on behalf of a company, organization, or other entity, you acknowledge, represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the terms of this agreement, and that you agree to these terms on the entity’s behalf.
You may not use an account that is not yours without expressed permission from that user. When creating an account, you must provide accurate and complete information, and be aware that you are responsible to keep this information up to date. You are also responsible for the activity that occurs on your account, and you must keep your account password secure. The use of a“strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) is highly recommended. You must notify pilotwanted.com immediately if any breach of security or unauthorized use of your account is suspected. Pilot Wanted, LLC and pilotwanted.com will not be liable for any losses caused by any unauthorized use of your account.
By providing pilotwanted.com with your email address you consent to Pilot Wanted, LLC and pilotwanted.com using your email address to send you updates and notices. This includes any notices required by law. We may also use your email address to send you other messages, such as changes to the features of pilotwanted.com, special offers, and newsletters. If you do not want to receive such correspondence, you may unsubscribe at any time by using the link at the bottom of the email.
You agree not to engage in any of the following prohibited activities: copying, distributing, or disclosing any part of the pilotwanted.com service in any format. This includes using any automated or non-automated “scraping methods” or using any other automated system, that incorporates “bots,” “site crawlers,” or other tools, that could inundate pilotwanted.com with more request messages to the pilotwanted.com servers than a human could produce in the same period of time, using a standard web browser. Pilot Wanted, LLC grants the operators of certain search engines revocable permission to use their spiders to copy publicly available information from pilotwanted.com for the purpose of and solely to the extent that it is necessary to create publicly available search parameters. However, these search engines are not permitted to create a cache or an archive of this information.Transmitting spam, and other unsolicited email or attempting to interfere with and compromise pilotwanted.com integrity or security along with any attempts to decipher transmissions to or from the pilotwanted.com servers is strictly forbidden. Taking any action that imposes, an unreasonable or disproportionately large load on our infrastructure is also forbidden. This includes uploading invalid data, viruses, or other software agents through pilotwanted.com, or collecting and personally identifiable information such as account names, and information. Impersonating another user, person ,or entity and misrepresenting your affiliation with a person, user or entity is forbidden. Engaging in fraud, or attempting to hide your identity, or interfering with the intended framework of pilotwanted.com is forbidden. Accessing any content on pilotwanted.com through technological or other means outside those provided by pilotwanted.com is forbidden. Bypassing or attempting to bypass the measures pilotwanted.com uses to prevent or restrict access to pilotwanted.com is forbidden. This includes without limitation features that prevent or restrict the use or copying of any content. Pilotwanted.com may also, without prior notice, change the service features or stop providing the service features of pilotwanted.com to you to other users and may create or change the usage limits for pilotwanted.com at any time. Pilotwanted.com may permanently or temporarily terminate or suspend access to pilotwanted.com without notice and liability for any reason this includes our sole determination you violated any provision of these Terms, or for no reason at all. Upon termination for any reason or for no reason, you continue to be bound by these Terms.
Pilot Wanted, LLC and pilotwanted.com is not a party to any aircraft sale agreements or contracts between any buyer or seller that originates on or through pilotwanted.com. You are solely responsible for your interactions with other pilotwanted.com users. Pilotwanted.com reserves the right, but has no obligation, to monitor disputes between you and other users. Pilot Wanted, LLC and pilotwanted.com shall have no liability and will not be responsible for interactions between users, or for any users action or inaction.
Pilot Wanted, LLC and pilotwanted.com does not claim ownership of user-generated content or material provided to pilotwanted.com. By submitting any Seller Content, you grant to Pilot Wanted, LLC and pilotwanted.com a perpetual, irrevocable, royalty-free, worldwide, sub-licensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the user uploaded content. This also includes your name, persona and likeness included in any user uploaded content, your social media account handle, username, real name, profile picture and/or any other information associated with the user, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed. This includes but is not limited to placing said item in online stores, printed marketing materials, emails, web pages, social media accounts or for use in any other marketing, advertising, public relations, sales or promotional purposes with or without attribution or notice to you. Neither you, nor any other person or entity, will have the right to receive any royalty or consideration of any kind for the use of any user uploaded content pursuant to these terms and you may not inspect or approve the editorial copy or other material that may be used in connection with user uploaded content without expressed permission from pilotwanted.com. Pilotwanted.com retains the right, and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason at all. By submitting content to pilotwanted.com, you represent and warrant that you own or control any and all rights and the right to grant all of the rights and licenses in these terms. You agree that if you are not the holder of such rights, the holder of such rights has completely and effectively waived all such rights and irrevocably granted you the right to grant the licenses stated above without the need for payment to you or any other person or entity and that you have expressed permission from any individuals that appear in the your uploaded content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity and that you are 18 years of age or older; and that the uploaded content does not contain false or misleading information, and that it does not infringe on the intellectual property, whether private, public, statutory, contractual or other rights of any third party, and yes not contain any libelous, defamatory, obscene, offensive, threatening or otherwise harassing or hateful content, or contain any addresses, email addresses, phone numbers or any contact information, computer viruses, or harmful files. Upon request by pilotwanted.com, you will furnish pilotwanted.com with any documentation, or releases necessary to verify compliance with these terms and conditions. You are solely responsible for the uploaded content and you hereby agree to indemnify and hold Pilot Wanted, LLC and pilotwanted.com its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
Pilot Wanted, LLC and pilotwanted.com does not guarantee the truthfulness, accuracy or reliability of any user uploaded content or endorse any opinions expressed by you or anyone else. By uploading content, you fully and unconditionally release and forever discharge Pilot Wanted, LLC and pilotwanted.com its officers, directors, employees and agents from any and all claims, demands and damages whether they be actual or consequential, direct or indirect, whether known or unknown, of every kind and nature relating to, arising out of, or in any way connected with disputes between you and a buyer, or one or more users, any other person or entity, or its use by Pilot Wanted, LLC or pilotwanted.com. You acknowledge and agree that Pilot Wanted, LLC and pilotwanted.com has no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by you or any third party of any user uploaded content. Pilot Wanted, LLC and pilotwanted.com acts as a passive platform for user content and has no obligation to screen or monitor user content. If Pilot Wanted, LLC or pilotwanted.com becomes aware of any user content that allegedly may not conform to these terms, Pilot Wanted, LLC or pilotwanted.com may investigate the allegation and determine in its sole discretion whether to take action in accordance with these terms. Pilot Wanted, LLC and pilotwanted.com has no liability or responsibility to users for the performance or of non-performance of such activities.
Pilotwanted.com has the absolute right to remove and/or delete without notice any users content within its control that it deems objectionable. You consent to such removal and/or deletion and waive any claim against pilotwanted.com for such removal and/or deletion. Pilotwanted.com is not responsible or liable for failure to store posted content or other materials you transmit through the site. You should take measures to preserve copies of any data, material, content or information you post.
Except for user uploaded content, all materials therein or transferred thereby along with all intellectual property rights related thereto, are the exclusive property of Pilot Wanted, LLC and pilotwanted.com Except as provided herein, nothing in these terms and conditions shall be used to create a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, cache, edit or create derivative works from any Pilot Wanted, LLC or pilotwanted.com content. Use of Pilot Wanted, LLC or pilotwanted.com content for any purpose not permitted by these terms is prohibited.
“Pilot Wanted, LLC, pilotwanted.com and all associated logos, product designations or other service names and slogans displayed on our site are trademarks of Pilot Wanted, LLC and may not be copied, imitated or used, in whole or in part, without the prior written permission of Pilot Wanted, LLC. Meta tags or any “hidden text” utilizing “Pilot Wanted, LLC” and any other name, or product name owned by Pilot Wanted, LLC may not be used without our expressed written permission. In addition, the look and feel of our site, including headers, graphics, icons and scripts, are the service mark, or trademark of Pilot Wanted, LLC and may not be copied, imitated or used, in whole or in part, without our expressed written permission. Reference to any other products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Pilot Wanted, LLC or pilotwanted.com.
You may choose to or we may invite you to submit comments or ideas about the site. This may include ideas about how to improve the site or our service. By submitting any idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Pilot Wanted, LLC or pilotwanted.com under any obligation, and that we are free to use the idea without any additional compensation to you. You further acknowledge that, by acceptance of your submission, Pilot Wanted, LLC and pilotwanted.com does not waive any rights to use similar or related ideas previously known or developed by its employees, or obtained from other sources.
All sellers agree to provide to pilotwanted.com a reserve amount that determines the minimum price at which the seller/user will sell the applicable aircraft. This is called setting a “reserve”. Prior to the publication of an auction listing, a seller may reduce or waive their reserve price by notifying pilotwanted.com of such change via email or, through the sites notification tools. If we believe you are abusing the terms and conditions in any way, we may limit, suspend, or terminate your user account, and deny access, remove content, or any special status associated with your account. This could also include the removal of your listing, and the elimination of any promotional discounts. Additionally, technical and legal measures to prevent you from using the site may be enacted.
Each Buyer acknowledges and agrees that EVERY bid submitted through pilotwanted.com is binding with respect to the applicable buyer’s fees. Buyers are 100% responsible for applicable government fees & taxes on vehicles listed and sold through pilotwanted.com. Sellers are not responsible for any fees associated with the purchase of their listed item. We recommend that a pre-purchase inspection takes place, however you acknowledge and agree that pilotwanted.com bears no risk associated with the purchasing of any aircraft or item listed through pilotwanted.com, whether or not any inspection is performed and pilot wanted.com makes no warranties and shares no risk or responsibility whatsoever with respect to any recommended third party inspection services that you choose.
In certain circumstances, following the close of an auction, if no bid has met the Seller’s Reserve, pilotwanted.com may offer to pay a seller a separate amount to make up the difference between the Reserve and the highest bid provided. This is called the “make whole amount”. If pilotwanted.com provides such a make whole amount to the seller in connection with the foregoing, seller agrees to return to pilotwanted.com the make whole amount if following such payment, such Seller’s aircraft or item is not sold to such highest bidder within 30 days.
SELLER ACKNOWLEDGES AND AGREES THAT THE OFFERING OR PROVISION OF A MAKE WHOLE AMOUNT BY PILOTWANTED.COM TO ANY SELLER IS AN INDEPENDENT TRANSACTION AND DOES NOT IN ANY WAY MAKE PILOTWANTED.COM A PARTY TO THE SALE OF THE SELLER’S APPLICABLE AIRCRAFT, ITEM, OR ANY OTHER TRANSACTION BETWEEN THE BUYER AND THE SELLER.
Certain aspects of the pilotwanted.com site requires fee to access. This includes the initial deposit made by buyers in connection with placing bids, buyer’s fee at auction close, and seller listing fees. If you elect to use paid aspects of the pilotwanted.com, you agree to the pricing and payment terms. The terms may be amended from time to time. Pilot Wanted, LLC may add new services to pilotwanted.com for an additional fee and may add or change fees for existing services, at any time at its sole discretion. The reserve price used by sellers on pilotwanted.com exclude government fees, taxes, registration and title fees, regulatory and electronic processing charges, inspection costs, or any other fees required by law. Please note: Any or all of these fees may be added to the listed price to arrive at the final sale price of a particular aircraft. All amounts listed on the website are in U.S. dollars.
Any user may cancel their pilotwanted.com account at any time. However, there are no refunds for or in connection with a cancellation. Seller fees may be refunded only prior to the sellers listing being assembled. In the event that pilotwanted.com suspends or terminates your account you understand and agree that you shall receive no refund, including in any content or data associated with your account or for anything else for any other reason.
All payments made by you to the pilotwanted.com shall be facilitated through Stripe, Inc., Pilot Wanted, LLC’s third party payment processing service. Stripe’s terms of service can be found at https://stripe.com/us/terms. All information that you provide in connection with a monetary transaction or interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with pilotwanted.com at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions or other monetary interactions.
Company cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company’s copyright agent as set forth in the DMCA.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice, Pilot Wanted, LLC
Address: 10673 W Lake Hazel Rd #20 Boise, ID 83709
Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
Please note that this procedure is exclusively for notifying Pilot Wanted, LLC and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Pilot Wanted, LLC’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Pilot Wanted, LLC has adopted a policy of terminating users who are deemed to be repeat infringers. Pilot Wanted, LLC may also at its sole discretion limit access to pilotwanted.com and/or terminate the accounts of any users who infringe on the intellectual property rights of others.
You agree to defend, indemnify and hold harmless Pilot Wanted, LLC and pilotwanted.com, its subsidiaries, agents, licensors, managers, and all other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from the following: Your use of and access to pilotwanted.com, any data or content transmitted or received by you, your violation of any portion of these terms, including without limitation your breach of any of the representations and warranties above, your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights, your violation of any applicable law, rule or regulation, Seller uploaded content or any other content that is submitted via your account including without limitation misleading, false, or inaccurate information, your willful misconduct, or any other party’s access and use of the service with your unique username, password or other appropriate security code.
PILOTWANTED.COM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU UNDERSTAND THAT USE OF THE SITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT AS APPLICABLE BY LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PILOT WANTED, LLC OR THROUGH PILOTWANTED.COM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, PILOT WANTED, LLC, PILOTWANTED.COM, AND ANY OF ITS AFFILIATES, OR LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT PILOTWANTED.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF PILOTWANTED.COM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE AND/OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE PILOTWANTED.COM.
PILOT WANTED, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH PILOTWANTED.COM OR ANY HYPERLINKED WEBSITE OR SERVICE. PILOTWANTED.COM WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES OF ANY KIND.
PILOT WANTED, LLC AND PILOTWANTED.COM WILL MAKE EVERY REASONABLE EFFORT TO ENSURE THAT ALL PRICES POSTED ON THE SERVICE ARE COMMUNICATED ACCURATELY. HOWEVER, WE CANNOT BE RESPONSIBLE FOR THE TYPOGRAPHICAL AND OTHER ERRORS THAT MAY APPEAR ON THE SERVICE. IF THERE IS INCORRECT INFORMATION GIVEN ABOUT AN AIRCRAFT OR ITEM PRICE, AVAILABILITY, DESCRIPTION, CONDITION OR HOURS DUE TO A TYPOGRAPHICAL ERROR, PILOTWANTED.COM IS NOT RESPONSIBLE FOR SUCH ERROR OR ITS CORRECTION. HOWEVER, PILOTWANTED.COM WILL ATTEMPT TO CORRECT SUCH ERROR PROMPTLY. WE RESERVE THE RIGHT TO REFUSE OR CANCEL ANY LISTINGS FOR AIRCRAFT LISTED AT AN INCORRECT OR UNREASONABLE PRICE.
PLEASE NOTE: PILOTWANTED.COM MAY BECOME INACCESSIBLE OR IT MAY NOT FUNCTION PROPERLY WITH YOUR WEB BROWSER, MOBILE DEVICE, AND/OR OPERATING SYSTEM. PILOT WANTED, LLC CANNOT BE HELD LIABLE FOR ANY PERCEIVED OR ACTUAL DAMAGES ARISING FROM SERVICE CONTENT, OPERATION, OR USE OF PILOTWANTED.COM.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, PILOTWANTED.COM. UNDER NO CIRCUMSTANCES WILL PILOTWANTED.COM BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILOTWANTED.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, OR OF PERSONAL INJURY OR PROPERTY DAMAGE, RESULTING FROM YOUR ACCESS TO, OR USE OF PILOTWANTED.COM. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, THAT MAY BE TRANSMITTED TO OR THROUGH PILOTWANTED.COM BY ANY THIRD PARTY, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH PILOTWANTED.COM AND/OR SELLER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL PILOT WANTED, LLC, PILOTWANTED.COM, ITS AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO PILOT WANTED, LLC OR PILOTWANTED.COM HEREUNDER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF PILOT WANTED, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Pilotwanted.com is controlled and operated from facilities in the United States. Pilot Wanted, LLC makes no representations that pilotwanted.com is appropriate or available for use in other locations. Those who access or use pilotwanted.com from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use pilotwanted.com if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located inside the United States.
Governing Law, Arbitration, and Class Action/Jury Trial Waiver
You agree that pilotwanted.com shall be deemed solely based in Idaho and pilotwanted.com shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than in Idaho. These Terms shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Ada County, Idaho for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Ada County Idaho is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Pilot Wanted, LLC and pilotwanted.com. For any dispute with Pilot Wanted, LLC, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Pilot Wanted, LLC and pilotwanted.com has not been able to resolve a dispute it has with you after ninety days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, by binding arbitration. The arbitration will be conducted in Ada County, Idaho, unless you and pilotwanted.com agree otherwise. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees pursuant to and in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses; provided, that if you are an individual, you may apply for and successfully obtain a fee waiver from JAMS; and you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing pilotwanted.com from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights or other proprietary rights.
Class Action/Jury Trial Waiver.
With respect to all persons and entities, regardless of whether they have obtained or used pilotwanted.com for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and pilotwanted.com are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pilot Wanted, LLC without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
As a part of the service provided by pilotwanted.com, and at your election pilotwanted.com may send you text notification messages. BY SIGNING UP FOR THE SERVICE AS A BUYER OR A SELLER, YOU HEREBY AGREE AND CONSENT TO RECEIVE TEXT MESSAGES FROM PILOTWANTED.COM AND YOU REPRESENT AND WARRANT THAT YOU HAVE ALL NECESSARY AUTHORITY AND CONSENTS TO RECEIVE SUCH TEXT MESSAGES. To permanently cease receiving text messages from us, text #STOP to 208-800-1849.
Pilot Wanted, LLC and pilotwanted.com may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by pilotwanted.com in our sole discretion. Pilot Wanted, LLC reserves the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described within these terms and conditions. Pilot Wanted, LLC and pilotwanted.com is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide to us. Pilot Wanted, LLC and pilotwanted.com may, in its sole discretion, modify or update these terms and conditions from time to time, and so you should review this page periodically. When we change these terms and conditions in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these terms and conditions. Your continued use of the pilotwanted.com after any such change constitutes acceptance of the new terms of service agreement. If you do not agree to any of these terms or any future terms of service agreement, do not use or or continue to access pilotwanted.com.
These Terms, together with any amendments and any additional agreements you may enter into with Pilot Wanted, LLC in connection with pilotwanted.com, shall constitute the entire agreement between you and Pilot Wanted, LLC concerning pilotwanted.com. If any provision of these terms and conditions are deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, and they shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
No waiver of any portion of these terms and conditions shall be deemed a further or continuing waiver of such term or any other term, and Pilot Wanted, LLC’s failure to assert any right or provision under these terms and conditions shall not constitute a waiver of such right or provision.
Any claim or cause of action you may have with respect to Pilot wanted, LLC or pilotwanted.com must be commenced within one (1) year after the claim or cause of action arose.
Please contact us at email@example.com or send postal mail to Pilot Wanted, LLC, 10673 W Lake Hazel Rd #20 Boise, ID 83709 with any questions regarding these terms. and conditions.